Jacob Rees-Mogg has suggested that the UK government could use EU law in order to push through a no-deal Brexit by the scheduled Halloween deadline of 31 October.
What he referred to as the “pathway to a deal” implies that Johnson could use European legislation to go around what is known as the Benn Act, adopted in September and which stipulates that Johnson would be required to ask the EU for an extension should the sides fail to arrive at a mutually agreed upon Brexit deal.
“The law of this land is subject to the law of the European Union, so we’ll have to see what the legal eagles think”, Rees-Mogg remarked, concluding:
“Theresa May got an extension not through UK law, but through EU law and until the 1972 European Communities Act is repealed, EU law is superior law in the UK".
Ahead of a crucial EU summit, scheduled for 17 October, and an intense Brexit week at large, the Commons leader warned pro-EU parliamentarians that it takes “two to tango”, adding that any delay must be approved and finally signed off by Brussels.
He argued that the bloc “could act swiftly” when necessary, adding that the late October deadline is a really proper one, bringing up the prime minister’s strong-worded promises that he would rather “be dead in a ditch” than request another extension.
Meanwhile, on Monday, the day the Queen delivered her speech in the gilded House of Lords chamber outlining post-Brexit initiatives, EU and UK officials are set to hold talks in Brussels, after the prime minister faced pressure from the EU to move “further and faster” with regard to “operational” Brexit solutions to better resolve the dead-end.
Echoing the stance, Johnson, when accompanying the Queen’s speech in the Parliament, argued that the EU divorce should be completed as soon as possible, as people are “tired of stasis, gridlock and waiting for change”.
“And they don't want to wait any longer to get Brexit done", he pointed out.